The National Response Framework

Running Head: INTELLIGENCE GATHERING 1

INTELLIGENCE GATHERING

The Intelligence Gathering Debate

Joshua Rodgers

HSM 101 Introduction to Homeland Security

Instructor: Raymond Edwards

04/08/2019

The Intelligence Gathering Debate

Everyone would agree that the world has experienced increased incidences of terrorism in different countries leading to the loss of thousands of lives. This necessitated changing how intelligence is gathered and handled. For example, the September 11 attack on the American soil prompted changes in the security measures to protect the country from more attacks. These changes highlighted the challenges posed by technological advancement and how it impacts intelligence gathering (Gray, 2016). Moreover, there are concerns about infringing on privacy rights in the name of intelligence gathering and oftentimes, the 4th Amendment to the Federal Constitution is cited in arguing against interfering with the right to privacy in gathering intelligence. This paper provides a comprehensive view of intelligence gathering.

Question I

There is no doubt that intelligence plays a crucial role in the intensified fight against terrorism both within the United States and across the globe. For instance, it plays a pivotal role in diminishing the tactical effects and strategies employed by terrorists. In other words, it is seen as the best weapon in the war against terrorism. Actionable intelligence plays an important role in defending a nation against threats and improving emergency response (Gray, 2016). More importantly, it enables a country to beef up security and prevent terror attacks. Equally, an effective intelligence system in place gets the right information to the right people at the right time thus enabling the Department of Homeland Security to respond in time and extinguish terror attacks before they happen.

Question II

There are several constitutional issues that are raised regarding the gathering of intelligence. For example, many legal scholars argue that personal privacy must be protected at all costs from the encroachment of a surveillance state (Gregory, 2016). It is therefore important to appreciate that there is a complex relationship between intelligence gathering for national security and the need to safeguard individual privacy. According to the Federal Constitution, the 4th Amendment prohibits unreasonable search and seizure. Unfortunately, technology has increasingly become sophisticated and this may necessitate the need to change the law in order to legal battles they may be raised with regards to the gathering of intelligence without violating the law.

Question III

It is imperative to appreciate the fact that the United States Federal government may collect emails, cell phones, and other electronic data from American citizens without necessarily seeking a warrant or showing a probable cause. This is because the National Security Agency has a secret backdoor that gives it a legal authority to search for the emails and phones for the United States citizens without a warrant or a probable cause (Gregory, 2016). The agency has the authority to search individual Americans through their communications their emails and phones. However, it must be appreciated that this authority is limited to communication databases for specific US citizens’ communications.

Question IV

Everyone ought to appreciate that there is a constitutional limitation on gathering intelligence. The government ought to strike a balance between protecting itself from subversion and attack and the rights of the citizens to remain secure in their privacy against unreasonable intrusion by the government (Gregory, 2016). More often than not, many cases fail to meet the constitutional threshold if the evidence used to indict the suspects was gathered using illegal means. It is therefore important to recognize that the freedom guaranteed by the 4th Amendment cannot be properly guaranteed if domestic security surveillance is conducted by the dictates of the executive arm of government.

Question V

It is important that everyone recognizes and appreciates the fact that gathering intelligence on American citizens without warrant or probable cause is not permissible. To elaborate on this, the Fourth Amendment to the Federal Constitution provides that all Americans should be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrant shall be issued except upon a probable cause supported by an oath or affirmation that describes the place to be searched, the person and the things to be seized (Gray, 2016). Therefore, gathering intelligence without a warrant and/ or probable cause violates the provisions of the 4th Amendment. The 4th Amendment limits the powers of the government agencies to search people, their property and their homes. Finally, the Supreme Court of the United States has time and again ruled that if the police obtain evidence in a warrantless search, such evidence cannot be admitted in the court of law. This is an exclusionary rule of the Supreme Court.

In summary, the increased incidences of terrorism have necessitated the need to monitor and gather evidence from the people. However, this move has time and again been faulted for violating the provisions of the 4th Amendment to the Federal Constitution.

Reference

Gray, D. (2016). Fourth Amendment Remedies as Rights: The Warrant Requirement. BUL Rev., 96, 425.

Gregory, A. (2016). American Surveillance: Intelligence, Privacy, and the Fourth Amendment. The University of Wisconsin Press.